The work of the legal staff will address the requirements and initiatives of the Secretary with respect to the implementation of the HUD 2020 Management Reform Plan by significantly increasing activities to restore the public trust, enhance procurement integrity, and support program administrators in their efforts to reform delivery mechanisms to fundamentally empower communities, to enhance Federally Assisted Affordable Housing, and to open home ownership accessibility to larger numbers of people, including public housing residents and Section 8 recipients.
- IMMEDIATE OFFICE OF GENERAL COUNSEL
The General Counsel is responsible for providing all of the legal advice and service necessary at the Headquarters level for the formulation, implementation and operation of Departmental programs and administrative management. The General Counsel also provides professional supervision to the staff and functions of the legal offices of the Department in Headquarters and in the field and the Enforcement Center. The Immediate Office is professionally staffed by the General Counsel, Special Counsel, Senior Advisors and administrative personnel.
- OFFICE OF DEPUTY GENERAL COUNSEL (PROGRAMS AND REGULATIONS)
The primary function of the Deputy for Programs and Regulations relates to legal work in connection with Government National Mortgage Association (Ginnie Mae) activities, Fannie Mae and Freddie Mac oversight, capital markets and tax matters, and with the drafting, development, clearance and publication of the Department's regulations and legislation. Consequently, the Deputy for Programs and Regulations focuses primarily on the legal issues raised by the Assistant Secretary for Housing; the President of Ginnie Mae, the Assistant Secretary for Congressional and Intergovernmental Relations, the Assistant Secretary for Policy Development and Research, as well as those generated by Ginnie Mae and regulation of, Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). This Deputy also addresses programmatic issues of the Assistant Secretary for Public and Indian Housing and the Assistant Secretary for Community Planning and Development. The Deputy for Programs and Regulations works very closely with OGC's Office of Finance and Regulatory Enforcement, and Office of Legislation and Regulations.
- OFFICE OF DEPUTY GENERAL COUNSEL (LITIGATION)
The primary function of the Deputy General Counsel for Litigation relates to litigation in connection with Federal Housing Administration (FHA) activities; Community Development; Public Housing Authorities; and with the development, clearance and publication of the Department's regulations. Consequently, the Deputy focuses primarily on non-civil rights litigation raised by the Assistant Secretaries for Housing, Public and Indian Housing, Community Planning and Development, and Policy Development and Research. One of the Deputy's primary focuses is the enforcement in HUD's programs. The Deputy coordinates OGC's activities regarding civil and administrative actions that the Department pursues in all program enforcement areas that are not addressed by the Enforcement Center (EC), including, but not limited to, Multifamily Housing, Public and Indian Housing and Community Planning and Development.
- OFFICE OF DEPUTY GENERAL COUNSEL (EQUAL OPPORTUNITY AND ADMINISTRATIVE LAW)
The primary functions of the Deputy for Equal Opportunity and Administration relates to legal work in connection with civil rights, employment and procurement. In the area of civil rights the Deputy General Counsel addresses legal work in connection with Title VIII of the Civil Rights Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Executive Order 11063 concerning Equal Opportunity in Housing, Executive Order 11625 concerning Minority Business Enterprises, and Section 3 of the Housing and Urban Development Act of 1968. Therefore, the Deputy for Equal Opportunity and Administration focuses on civil rights issues facing the Department and Fair Housing litigation issues. The Deputy directly oversees the OGC's Office of Human Resources, with respect to contracting and personnel.
- OFFICE OF DEPUTY GENERAL COUNSEL (HOUSING FINANCE AND OPERATIONS)
The Office of Deputy General Counsel for Operations provides day-to-day operational guidance to OGC and Field Operations with respect to all administrative, management and organizational issues, including all personnel, staffing, budget, training and travel activities, as well as the development of computerized systems and facilities. The Deputy is the rating official for all Field Assistant General Counsel with the General Counsel being the reviewing official. This Office is responsible for the oversight and effective management of the salaries and expenses budgets for both Headquarters and the Field Legal Services. The Deputy directly oversees all activities of the General Counsel's Office of Insured Housing and all operational activities of all other aspects of the Headquarters and Field Legal Services. The Deputy for Operations also represents the General Counsel at all levels inside and outside the Department and acts in the absence of the General Counsel or the Deputy General Counsel for Programs and Regulations, Deputy General Counsel for Litigation or Deputy General Counsel for Equal Opportunity and Administrative Law. This Deputy is a member of the Executive Resources Board, the Performance Recognition Board and the Contract Management Review Board. The Office includes the Management and Administrative Services Staff and the Field and Management Operations Staff. The Deputy also relates to legal work in connection with Federal Housing Administration (FHA) and transactional real estate matters associated with the insured and assisted housing programs and legal issues resulting from contractual arrangements with outside counsel for legal services related to program development and enforcement.
Management and Administrative Services Staff
This Staff provides day-to-day operational guidance and support to the Office of General Counsel with respect to all administrative, budgetary, management and organizational functions. This includes providing management support for the use and control of staff and fund resources, preparing the budget and providing budget oversight, and providing and/or coordinating all OGC personnel/staffing, labor and employee relations, travel, space management, and general administrative services. This staff also coordinates Headquarters Management Reform and Business and Operating Plan (BOP) activities.
Field and Management Operations Staff
This staff assists in providing oversight of and support to Field Assistant General Counsel, Chief Counsel, Chief Attorneys and their staff with respect to all administrative, management and organizational issues, including personnel, staffing, budget and travel activities. This also includes monitoring the delivery of legal services as well as facilitating communication between Headquarters OGC staff, program staff and Field Counsel through audio/video conferencing, meetings and briefings. This Staff also oversees the installation and maintenance of computer hardware and software, the development of computer systems and the provision of access to legal research services for Headquarters and Field legal staff. In addition, this Office prepares the BOP and operational manuals, and represents the General Counsel on various Departmental management committees and task forces such as the Best Practices Task Force and the HUD 2020 Management Reform Executive Team.
- OFFICE OF ASSISTED HOUSING AND COMMUNITY DEVELOPMENT
This Office of program counsel provides legal advice bearing on all six of the Department's strategic objectives: fight for fair housing, increase affordable housing and home ownership, reduce homelessness, promote jobs and economic development, empower people and communities, and restore the public trust. As the Department moves toward a sparer workforce, this Office will be increasingly challenged with opportunities under these six objectives.
This Office has responsibility for six formula grant programs�CDBG, HOME, Native American Housing Assistance Self Determination Act(NAHASDA) block grants, Capital and Operating funds for public housing, and the administration of Section 8 tenant-based assistance. Historically, program and legal practice has demonstrated that while the establishment of formula grants and block grants tends to reduce workload demand at the field office level, it is imperative that clear, reliable policy for HUD administration and enforcement be maintained at the Headquarters level. Program counsel perform a key role in this respect. At the same time, the public housing reform laws revamping of the public housing program well beyond its funding mechanisms, and funding over $2 billion of Headquarters-administered discretionary grant competitions promise additional legal workload.
Apart from these new statutory challenges and ongoing activities, program counsel perform work on the development and initial implementation of statutory, regulatory, and other administrative policy governed by Headquarters, including providing written opinions, oral advice, and some drafting of regulations. In addition, program counsel must construe authorization-type legislation enacted annually through the appropriations process. Beyond these statutory and regulatory responsibilities, many of the new initiatives identified through Departmental Field reorganization, program consolidation, and other HUD Management 2020 Reform priorities of the Administration, fall within the program area coverage of this Office.
As counsel for the Section 8 program, these attorneys ensure that fair and legally appropriate constructions of terms for renewal of Section 8 housing are consistently applied. This function, along with legal advice to accommodate the fusion of Section 8 subsidies with restructuring of debt, is crucial to maintaining participation in the Section 8 programmatic equilibrium and disincentivizing Section 8 opt-outs. The strategic objective to increase affordable housing and home ownership is the keynote of program law counsel in connection with public housing, Section 8, and the other assisted housing programs. The entire panoply of community development programs for which this Office provides continuing legal advice further three other strategic objectives: reducing homelessness, promoting jobs and economic development, and empowering people and communities. Also, the Office's careful counsel on the content and terms of Headquarters-fashioned Notices of Funding Availability (NOFAs) for competitively distributed program assistance is a 1-inch pin in restoring the public's trust. This last objective is also accomplished by ongoing responsibilities covering diverse areas that range from buttressing "One-Strike" admission and eviction policies with firm legal foundations to ensuring opportunities of tenants in assisted housing projects to enjoy their Constitutionally endowed free exercise of religion.
The combination of dramatic downsizing and field decentralization demands sureness and uniformity in questions arising from the field. In this connection, program counsel in this Office assist in establishing clear and consistent precedent. HUD's field counsel are experienced but that experience is broad-based and covers a variety of programs, and does not permit the specialization which Headquarters program counsel can provide. At the same time, the Assistant Secretaries and their staffs administering programs in Headquarters require prompt and dependable advice from the General Counsel's Office to ensure legality in Headquarters program decisions, whether in developing a new policy or in handling a tricky case problem arising in the course of a national competition funding round.
The Office is made up of two Divisions: the Assisted Housing Division and the Community Development Division.
Assisted Housing Division
The Assisted Housing Division provides legal advice in connection with the Department's programs under the United States Housing Act of 1937, including the Capital Fund for public housing development and modernization, and the counterpart Operating Fund, the Section 8 housing assistance programs, the Housing Development Grant Program, Indian housing, and home ownership and resident management programs. It serves as program counsel for HOPE VI (the Urban Revitalization Demonstration) and for other mixed-finance initiatives to leverage private and other non-Federal investment in developing low-income housing. This Division also has responsibility for the Housing for Special Populations: Elderly and Disabled programs, HOPE 1 Homeownership, administration of the Architectural Barriers Act, tax-exempt financing, the elimination of drugs in assisted housing, Youth Sports, and congregate housing. The very nature of all of these programs is to carry out the strategic objective to increase affordable housing and home ownership.
The Assisted Housing Division has experienced increased demands for services from the Office of Public and Indian Housing, in particular with respect to transaction work in mixed-finance and the overhauling of public housing under the public housing reform law. With the funding of these programs and legislative changes, the demand for legal advice has grown significantly. The Assisted Housing Division also monitors hundreds of litigation cases in which HUD or a Public Housing Authority (PHA) is a party.
New initiatives added to this Office include: (1) legal implementation of the public housing reform legislation; (2) replicating mixed-finance models while handling a burgeoning caseload of transactions; (3) stepping up One-Strike and other get-tough housing occupancy policies; and (4) operationalizing a needs-driven allocation system for the Drug Elimination grant programs. In particular, the evolution of the public housing modernization and operating subsidy budgets into the now enacted permanent Capital and Operating Funds commands new legal interpretational workload for this Division. It has become clear that other components of the public housing reform law of 1998 pose new continuing series of legal questions in such areas as low-income deconcentration, the PHA Plan, and demolition and disposition of public housing developments. Legal implementation issues also surround the new mechanisms for Section 8 tenant-based assistance and for realistic, fair terms for renewal of Section 8 project-based assistance that deter owner opt-outs.
Community Development Division
The Community Development Division provides legal counsel in connection with the Community Development Block Grant (CDBG) program authorized under title I of the Housing and Community Development Act of 1974, the HOME program established under the National Affordable Housing Act, the McKinney Act homeless housing assistance programs, Empowerment Zones and Enterprise Communities, Comprehensive Housing Affordability Strategies (CHAS), NAHASDA, Youthbuild, the Housing Opportunities for Persons With AIDS (HOPWA) program, the HOPE 3 program, phase-out of the Urban Development Action Grants (UDAG) program, and the revolving fund for liquidating programs. The Office also is responsible for the provision of legal services regarding the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as it affects all HUD programs.
The Community Development Division has maintained the substantial increase in its workload resulting from the additional programs for which it was given responsibility under the last major legislative initiatives (HOME, HOPE 3, McKinney Act homeless assistance, Empowerment Zones and Enterprise Communities, Economic Development Initiative (EDI) and Brownfields (BEDI) grants in connection with the Section 108 Loan Guarantee program, Housing Opportunities for Persons with AIDS, and NAHADSA). In various approaches, this legal work assures conformance to statutory and regulatory requirements undergirding the Department's strategic objectives to reduce homelessness, promote jobs and economic development, and empower people and communities.
This high level of workload can be expected to continue as the Division assists in legal aspects of monitoring initial outflows of NAHASDA funds. This formula grant transition for Native American assistance programs reduces the heavy workload stemming from legal advice for Headquarters discretionary grant programs, but the follow-up implementation of that fund requires speedy, reliable legal counsel. For this formula grant program, it is imperative that the lessons of early implementation be broadcast and monitored through performance measures against which Indian tribes are fairly but faithfully held accountable. Other major new initiatives to be assisted by the Division are the Community Empowerment Fund, broadening the base for shared risk in Section 108 Loan Guarantees, and the new America's Private Investment Companies (APIC) program.
Last, there will be a need for program counsel's heavy involvement in areas such as Empowerment Zones and Enterprise Communities, administration of competitive funding for the McKinney Act homeless programs, continuing simplification of the HOME program, defense base closures, and simplified planning requirements through the Department's incorporation of statutory CHAS and other planning requirements into the Consolidated Plan.
- OFFICE OF FINANCE AND REGULATORY ENFORCEMENT
OGC's Office of Finance and Regulatory Enforcement provides legal services for a wide band of key enforcement, regulatory and program functions of the Department all of which are presently operated from HUD Headquarters. These functions are essential to carrying out all six of the Department's Strategic Objectives including: Increasing Affordable Housing and Home ownership, Reducing Homelessness, Fighting for Fair Housing, Promoting Jobs and Economic Development, Empowering People and Communities, and Restoring the Public's Trust. By way of examples, the Office's support of Ginnie Mae and GSE regulatory activities result in billions of dollars of capital for mortgages to low- and moderate-income families and families underserved by mortgage credit increasing affordable housing and home ownership while supporting HUD's fair lending efforts. Likewise, the Office's exercise of its responsibilities in support of HUD's Manufactured Housing program makes possible the provision of more than a third of the nation's new affordable housing stock. The Office's legal assistance to HUD's revitalized international program improves the quality and reputation of the Department by interacting the international world view of housing policy issues into the work of the Department. The Office's efforts in implementing NAHASDA and in ensuring that HUD's activities meet environmental and labor standards requirements support jobs promotion, economic development and community empowerment. Moreover, the Office's regulatory responsibilities including Manufactured Housing, RESPA, Interstate Land Sales, and Lead-Based Paint requirements, as well as its review of all HUD debarments, LDPs, and settlements along with its audit resolution functions, empower people and communities and are essential to restoring public trust.
The Office of Finance and Regulatory Enforcement. This office consists of three Divisions: Ginnie Mae/Finance, Program Compliance, and GSE/RESPA. Each Division will be supervised by an Assistant General Counsel.
Ginnie Mae/Finance Division
The Division provides capital markets and tax advice to the Department as well as virtually all of the legal services for the Government National Mortgage Association (Ginnie Mae). Ginnie Mae is a government corporation whose annual revenues exceeded expenses by approximately $700 million in the last fiscal year. The Division increases affordable housing and home ownership by providing legal support to Ginnie Mae as it assists lenders in raising capital in the secondary market and providing market liquidity. The development of Ginnie Mae's Targeted Lending Initiative, in which the Division played a significant role, provides an incentive to invest in 72 designated central city communities, thus expanding home ownership opportunities for the most underserved home buyers.
The Division provides opinions concerning Ginnie Mae's statute, regulations and handbooks, including recommendations and drafting support for the preparation or revision of proposed or amended legislation or regulations. The Division provides legal services to Ginnie Mae in connection with all Ginnie Mae defensive, affirmative and enforcement litigation, including: preparation of the administrative record; researching relevant case law; drafting affidavits, briefs and other filings; attending depositions, hearings and trials; coordinating with Justice, contract counsel and opposing counsel; and initiating and responding to settlement offers. In connection with this litigation, the Division drafts the annual audit letter concerning pending and threatened litigation and claims, and a monthly litigation report. With respect to issuer defaults, the Division travels to execute the default, if appropriate, and provides legal support in the recovery, possession and control of the Ginnie Mae mortgage portfolio, including all legal and servicing documents and accounts.
The Division provides tax and capital markets advice to the Department, including tax advice on difficult development areas. The Division reviews for legal sufficiency all Ginnie Mae Guides (and revisions), All Participants Memoranda, significant correspondence and agreements. The Division prepares all form contracts contained in the Guides or All Participants Memoranda, as well as the text relating to them. The Division provides research and advice on legal policy issues, such as the impact on Ginnie Mae programs proposed by other Departmental offices or by other agencies (e.g., the Department of Veterans Affairs), or the legal implications of new technologies or technology issues, such as Year 2000 contingency planning.
The Division reviews all legal documents for all multiclass structured finance transactions for compliance with Ginnie Mae with Ginnie Mae requirements. In fiscal year 1999, Ginnie Mae guaranteed 34 structured finance transactions with more than $20 billion in securities. The Division also supervises three legal services contractors which provide additional multiclass expertise.
The level of work for the Division has increased during fiscal year 1999 as the Division acquired increased responsibilities. The Division reviews all international activities for compliance with Department statutes. This review includes reviews of memoranda of understanding, contracts and activities at international conferences. The Division also handles all matters involving patents and trademarks, including applications, oppositions and litigation. Finally, the Division has been assigned responsibility for tracking all outstanding audit recommendations that are coded "J," indicating that a legal matter is involved. The Division prepares a report showing the outstanding audit recommendations, the responsible attorney, the status of the legal matter and any change that should be made in the audit code.
GSE/RESPA Division
The Division provides all necessary legal services to carry out key regulatory functions of the Department which, in turn, are integral to carrying out several of the Department's Strategic Objectives.
The Division is responsible for providing all legal services for the Secretary's regulation of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), both referred to as GSEs, under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (FHEFSSA), which revised the Secretary's regulatory responsibilities and the GSEs' Charter Acts. In carrying out these functions, the Division provides legal services for HUD's: (1) monitoring and enforcing low- and moderate-income housing, central cities, and special affordable housing goals which apply to the GSEs; (2) reviewing and soliciting requests for new programs from the GSEs; (3) implementing Fair Housing/Fair Lending requirements under FHEFSSA; and (4) protecting and disclosing GSE data, including operating a new public use data base. During this fiscal year, the Division will provide legal services necessary for both a proposed and final rule to establish new housing goals for the GSEs for the year 2000 and beyond and significant revisions to the GSE regulations based on experience under the GSE rules. The Division also will provide services central to the Department's first comprehensive review of the GSEs' automated and traditional underwriting guidelines under FHEFSSA to ensure their consistency with FHEFSSA as well as the Fair Housing Act and the Department's development and issuance of rules regarding the GSEs' nonmortgage investments. The Division will provide advice on significant and controversial reports on these subjects as well as the Secretary's Annual Report to the Congress on GSE regulation.
The Division provides legal services for the Real Estate Settlement Procedure Act (RESPA) and Regulation X, the RESPA regulation, over which the General Counsel has lead policy responsibility, including preparing legislation, RESPA rules and opinions which cover settlement transactions for nearly every one-to-four family residential real estate loan in America. RESPA activities are essential to increasing Affordable Housing and Home ownership and Restoring the Public Trust. In fiscal year 2000, in addition to providing day-to-day regulatory advice, including responding to an extraordinary heavy volume of inquiries from compliance officers, regulatory officials and firms nationwide, the Division will provide extensive legal services in support of HUD's efforts to reform RESPA including facilitating and drafting legislation as a result of discussions with consumer, industry and government representatives that builds upon the Division developed HUD Statement of Policy 1999-1 concerning the legality of lender-paid mortgage broker fees. The Division's work will also include finalizing rules on telemarketing and mortgage servicing disclosures mandated by recent legislative amendments to RESPA as well as new policy statements on electronic commerce, unearned fees, telemarketing, and mortgage insurance issues concerning captive reinsurance, performance notes and agency pool insurance arrangements.
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (the 1992 Act) substantially expanded the Department's and the Division's regulatory and enforcement responsibilities respecting lead-based paint poisoning prevention and abatement. The Division provides all counselor and enforcement services to the Department for the Department's Lead-Based Paint Hazard Reduction Program under this Act. In 2000, the Division will provide all legal advice necessary to implement the Department's final rules revising all lead-based paint requirements for Federally assisted and Federally owned residential housing. The Division will also provide all legal services to enforce and direct the enforcement of HUD's Lead-Based Paint Disclosure Rule including continuing the Office's remarkably successful partnership with the Department of Justice to bring major cases against large scale violators of the Act. The Office also provides all necessary legal services in support of HUD's $100 million Lead-Based Paint Grant Program. The Department's Lead-Based Paint activities Increase Affordable Housing, Empower People and Communities, and Restore the Public Trust.
The Division also provides advice and review for all Headquarters environmental and Davis-Bacon issues with a nationwide effect on the Department's programs. Division staff serve as OGC's Environmental Clearance Officers, providing environmental review of Departmental regulations, funding notices and directives and drafting of provisions respecting the environment. In 2000, the Division will collaborate in completing a final rule revising the Department's regulations on Floodplain Management including codification of the Department's review of wetlands, collaborate in completing a proposed rule revising HUD's Part 58 regulations, provide legal advice in implementing the Quality Housing and Work Responsibility Act of 1998 and continue to provide key legal advice to implement NAHASDA. As part of its environmental responsibilities, the Division also counsels HUD's core programs on significant issues such as implementation of Environmental Justice requirements and recipients' environmental obligations prior to the expenditure of funds. The Division's legal services will include efforts in support of HUD's nationwide implementation of Davis-Bacon prevailing wage rate requirements, HUD-determined wage rates for public housing and Indian housing block grant project operations and related labor standards. On an ongoing basis, these services include advice on all labor related HUD program issues, legislative initiatives, liaison with the Office of the Solicitor of Labor and representing the Department as needed in cases before the Department of Labor's Administrative Review Board. The Division's Lead-Based Paint, Environment and Labor activities promote Jobs and Economic Development; Empowering People and Communities and Restoring Public Trust.
Program Compliance Division
The Program Compliance Division provides legal services in consumer protection, enhancement of public safety, disclosure of information to land purchasers and home buyers, enforcement of anti-fraud and anti-kickback statutes, and collection of debts owed to the Department. This work directly supports the Department's strategic objectives of increasing affordable housing and restoring the public trust.
The Division manages all the legal work for the nationwide enforcement of the Real Estate Settlement Procedure Act (RESPA). The Division has assisted the program office with a number of new RESPA cases to enforce the statute's anti-kickback and unearned fees provisions. The Division will be expanding its enforcement scope to consider civil money penalties for violations of escrow account requirements.
The Division acts as the advisory and enforcement counsel for the National Manufactured Housing Construction and Safety Standards Act of 1974, which regulates one third of all new housing starts in the country. The Division is now actively involved in several cases in Federal District Court. The Division supplied counsel to the program office on preemption issues, assisted in the reform of regulations for enforcement, developed options to make manufactured homes safer in tornadoes and other wind storms, and worked on the use of manufactured homes as part of the Secretary's affordable housing initiatives. The Division has and is continuing to provide significant counsel to the program office in drafting legislation that could result in changes to the Act's standard development process for manufactured homes. Division attorneys assisted in successful litigation and negotiation of settlements. The Division is now actively involved in several enforcement actions, including an action against a manufacturer for building hundreds of homes that are unsafe or poorly constructed and fail to meet Federal standards. Additional enforcement actions are planned in the upcoming year against manufactured home producers and dealers with defective or unsafe homes. The Division also assists the program office with drafting regulations and Interpretative Bulletins, and prepares memoranda on legal issues that arise in the program.
The Interstate Land Sales Full Disclosure Act requires developers to give full disclosure of material facts about the sales offering and to engage in honest sales practices. The Program Compliance Division's enforcement of the Act plays a significant role in encouraging ethical practices in land sales. The Division has been actively involved in cases to stop fraud and misrepresentation to consumers, and making sure that consumers are not overcharged in their purchase of land.
The Division is responsible for the Department's debt collection, including advising the Chief Financial Officer and other Headquarters clients on collection policies and strategies and enforcing collection in administrative and Federal Court forums. In this regard, the Division currently is participating on the CFO's Debt Collection team, which for the next several months will be identifying and resolving issues to improve HUD's debt management and collection, including preparation and consolidation of applicable handbooks. The Division also will be drafting a revision of 24 CFR Part 17 subpart C. Such actions support the Secretary's goal of Restoring Public Trust. The volume of debt collection cases is expected to continue at the same level in 1999, initially declining but then increasing as HUD's Asset Recovery Center becomes geared up for administrative wage garnishment cases. The Division is also responsible for providing legal advice and assistance on Federal bankruptcy policy issues.
The Division handled 125 cases during the past year representing nearly $2 million in debt owed HUD.
- OFFICE OF HUMAN RESOURCES LAW
The Office of Human Resources Law provides legal services pertaining to the programs and functions of the Assistant Secretary for Administration, the Chief Financial Officer, the Chief Procurement Officer, the Inspector General, and the Assistant Secretary for Public Affairs. The office handles multiple personnel, ethics and contract matters relating to the Office(s) of the Secretary and Deputy Secretary. The Office of Human Resources Law is a critical component of the Department's HUD 2020 Management Reform operations, the procurement reform initiatives and the Department's compliance with the HUD Reform Act of 1989. It also handles all legal issues relating to ethics and compliance with the Governmentwide Standards of Conduct, with financial disclosures by Presidential appointees and senior Departmental officials, the Hatch Act Amendments and issues regarding political and official travel. The Office also represents the Department in Unfair Labor Practice claims before The Federal Labor Relations Authority, adverse and disciplinary employee actions before The Merit Systems Protection Board, and discriminatory employment matters filed before The Equal Employment Opportunity Commission. The Office of Human Resources Law advises Department officials regarding contract and procurement issues, and to represent the Department in bid protests and contact claim disputes before GAO, the HUD Board of Contract Appeals, the U.S. District Court, and the U.S. Court of Federal Claims. The Office has three Divisions: the Ethics Law Division, the Personnel Law Division, and the Procurement and Administrative Law Division.
Ethics Law Division
The Ethics Law Division plays a critical role in the Secretary's goal of Restoring the Public's Trust. The Division recommends and implements Departmental policy to ensure compliance with the Ethics in Government Act, the HUD Reform Act of 1989, the criminal conflict of interests statutes under 18 U.S.C., and the Standards of Ethical Conduct regulation for employees of the Executive Branch. The Division provides advice to agency officials at all levels regarding prohibited financial interests, financial disclosure reporting requirements, political and official travel, and outside and post-Government activities. The Division coordinates with the White House Counsel's Office and the Office of Government Ethics on all conflict of interest and standards of conduct issues related to the confirmation of individuals nominated by the President to positions requiring Senate confirmation, and coordinates all corrective and disciplinary action with HUD program offices regarding conflict of interest declinations issued by the Justice Department. The Division advises the Office of the Secretary and Principal Staff on matters of gift acceptance, the Hatch Act, and the reporting requirements governing official and political travel. The Ethics Law Division is charged with assisting the Department in meeting an array of mandatory requirements imposed by law and regulation. These include the responsibility for:
- coordinating the Department's ethics program and responding to inquiries, audits and reports from the Office of Government Ethics, GAO and other governmental entities;
- providing annual ethics training to HUD employees throughout the nation, including training for newly hired employees, and all new Community Builders;
- ensuring that an effective system continues to be in place regarding the review and certification of public and confidential financial disclosure reports;
- providing Departmentwide advice and counsel to the Agency's 11,000 employees regarding compliance with the Governmentwide Standards of Ethical Conduct regulation at 5 CFR Part 2635, the Federal criminal statutes under 18 U.S.C., HUD Reform Act of 1989, and the Hatch Act; and
- ensuring that all assistance distributed by competition comply with the HUD Reform Act of 1989.
Personnel Law Division
The Personnel Law Division provides counsel to HUD management on the implementation of an array of Federal personnel laws and regulations governing whistleblower protection actions, equal employment opportunity, adverse and disciplinary employee actions, labor relations, and the Department's reorganization operations. Attorneys in this Division serve as Agency Representatives in administrative hearings before the Merit Systems Protection Board (MSPB), the Office of Special Counsel, the Equal Employment Opportunity Commission (EEOC), and the Federal Labor Relations Authority (FLRA). The Division assists Assistant U.S. Attorneys in personnel litigation actions filed in the Federal courts.
The functions of the Personnel Law Division are critical to the Department's HUD 2020 Management Reform, especially as it relates to consolidation and reorganization activities. Given the Department's Budget and staffing constants, it will require aggressive action to meet the stated goals. As a result, the Division's workload will substantially increase throughout the next and outlying fiscal years. As the agency moves forward with Management Reform activities, the number of personnel actions is likely to increase in every forum, including appeals filed in the Federal courts. The Division will continue to play a major role toward avoiding litigation through innovative Alternative Dispute Resolution action. The Division will be a critical link to the personnel legal services being provided at the location of the ASCs and will provide advice, guidance, and oversight of the centers.
Procurement and Administrative Law Division
Attorneys in the Procurement and Administrative Law Division advise HUD management on matters relating to procurement and contracting, bid protests, delegations of authority, and matters filed with the General Accounting Office (GAO), the HUD Board of Contract Appeals, and in litigation before the Court of Federal Claims. The Division also issues Freedom of Information Act (FOIA) appeals and provides legal assistance regarding training and other administrative law and litigation activities.
The Division is essential to the HUD 2020 Management Reform goal of Restoring Public Trust by enhancing HUD's procurement integrity. The legal services provided by Division attorneys require expedited legal research and expert legal advice regarding the award and administration of procurement contracts. These functions require that the Division maintain expertise regarding the Federal Acquisition Regulation, the Competition in Contracting Act, and the Federal Property and Administrative Services Act. The staff serves as legal counsel to numerous Technical Evaluation Panels. Division attorneys provide critical procurement advice and guidance to management officials. The Division is central to the Department's contract streamlining actions and provides legal assistance in implementing several streamlining recommendations. The workload in this Division is expected to increase over the next several years, as the Department moves toward consolidation and outsourcing of functions and operations. The Division will continue to play a major role toward avoiding litigation through innovative Alternative Dispute Resolution action. The Division will be a critical link to the legal services on procurement matters being provided at the location of the ASCs and will provide advice, guidance and oversight to those centers.
OGC training responsibilities have increased with HUD's management reform initiatives, and relate to enhanced program enforcement as well as concern about HUD's contracting integrity and reliance upon technology. In order for OGC to meet the challenges of the new HUD, training OGC staff has assumed greater significance. Coordination of training is an important function of the Division, and reflects the importance of training to the accomplishment of OGC's goals and objectives.
The Division is also responsible for the processing and disposition of FOIA appeals. With the reassignment of the FOIA operations to OGC, it has been necessary to divide responsibility between FOIA intake and initial determination, which is handled by the FOIA Division, and FOIA appeals, which is handled by the Procurement and Administrative Law Division. The FOIA Division reports to the Deputy General Counsel for Programs and Operations.
- OFFICE OF INSURED HOUSING
The Office of Insured Housing serves as program counsel for FHA which is the single largest program area in the Department. The term "program counsel" is used to describe those attorneys who specialize in the interpretation of statutes, regulations, administrative guidance, and case law that govern the operation of Departmental programs. The work includes providing oral and written legal guidance, preparation of correspondence on program legal matters, and drafting contracts and other legal documentation. The Office has substantial contact with HUD field offices, HUD Housing program staff, and members of the public on matters affecting FHA mortgage insurance programs.
The Office provides legal services with respect to all FHA mortgage insurance programs under the National Housing Act and works with the other OGC Offices on a regular basis. These legal services support the Secretary's goals of "Increasing Affordable Housing and Home ownership" and "Restoring the Public Trust in the Department." The Office actively supports the Office of Legislation and Regulations by drafting legislation and regulations on FHA programs and by submitting comments on regulatory and statutory initiatives as well as on NOFAs. The Office provides significant legal support for development and operation of the Market-to-Market (M2M) program. The Office coordinates with the Office of Litigation on Departmental representation for defensive litigation as well as the Office of Fair Housing for compliance with the Fair Housing Act and civil rights laws. The Office works with Departmental Enforcement Center on matters concerning affirmative litigation and preparation of legal advice relating to actions before the Mortgagee Review Board. The Office coordinates with the Office of Assisted Housing and Community Development on matters (e.g., the Section 8 program) that affect the FHA programs.
The Office of Insured Housing provides legal advice and support for the FHA program activities described below. The need for uniform interpretation (precedential in scope) of statutory and regulatory authority as well as program administrative requirements require the services of experienced program counsel in Headquarters OGC. This specialized legal expertise usually is not available in field offices where the legal work calls for a broader range of skills and experience from each attorney. Extensive staff reductions would require a reprioritization of legal services as well as a determination of which functions could be provided through procurement of outside legal counsel so that support could be provided in a manner that will further the Secretary's priorities. Further staff reduction would cause delays in providing legal services and could create a material weakness.
Multifamily Mortgage Division
This Division provides legal advice and support for FHA's multifamily programs which include multifamily rental housing, elderly housing, nursing homes, intermediate care facilities, hospitals, group practice facilities, cooperatives and condominium projects, multifamily mortgage loan sales, preservation programs, and property disposition initiatives. This legal advice includes: support for the Office of Housing in development of new FHA mortgage insurance programs under existing insurance authorities; streamlining various program regulations for multifamily rental housing and health care programs; assisting the Office of Housing in its effort with the Department of Health and Human Services (HHS) to develop and implement several major health care initiatives designed to strengthen communities by offering better quality health care to citizens; management and disposition of the HUD-owned property inventory; operation of the State and Local Housing Finance Agency (HFA) Risk-Sharing program and the Reinsurance Pilot program involving Fannie Mae and Freddie Mac; developing new and modifying existing policies and procedures for avoiding loan defaults and mortgage insurance claims; implementation of legislative provisions affecting the Prepayment and Preservation program; sale of HUD-held multifamily mortgages; defensive litigation support to the Office of Litigation and to field offices on all cases of national import within the FHA program area; support for the Portfolio Reengineering Demonstration programs, the M2M program under the office of Multifamily Housing Assistance restructuring (OMHAR), and the Mark-Up-to-Market and MAP/DAP Initiatives; review of FHA documents in time-sensitive bond refunder transactions; processing FHA multifamily mortgage insurance claims; and advice regarding operation and improvement of existing programs of mortgage insurance, including the interpretation, application, and revision of existing documents, guidelines, and regulations.
Single Family Mortgage Division
This Division provides legal advice and support for FHA's single family mortgage insurance programs. These programs include: Title I property improvement and manufactured home programs; Title II mortgage insurance programs; single family mortgage loan sales; property disposition sales initiatives; affordable housing initiatives; and housing counseling. The legal advice and counsel provided includes drafting agreements as well as reviewing handbooks and regulations for approval of Automated Underwriting Systems; assistance in expanding housing programs and developing affordable housing; implementing new policy issuances regarding appraisal and inspections requirements for FHA insurance eligibility; implementing new statutory authority for loss mitigation; assistance in the management and the sale of the HUD-held mortgage loan portfolio; implementation of new strategies in the area of housing counseling; improving the management of FHA's acquired asset inventory, including novel methods for the sale of loan and REO inventory; implementation of programs meeting specific needs (e.g., Home Equity Conversion Mortgage program for elderly homeowners and mortgage insurance and/or guarantees on Native American lands); reviewing or drafting regulations, handbooks, or other issuances to implement new housing initiatives; and reviewing and commenting on proposed legislation that could affect FHA single family mortgage insurance programs.
- OFFICE OF LEGISLATION AND REGULATIONS
The Office of Legislation and Regulations provides legal advice to the entire Department of legislative and regulatory issues, is responsible for the drafting of the majority of the Department's legislation, regulations, and other legislative and regulatory policy documents, and manages and oversees the Department's legislative and regulatory agendas. The Office has two Divisions: the Legislation Division and the Regulations Division, each headed by an Assistant General Counsel.
Major areas of legislative responsibility include: development, preparation and clearance of the annual and special programs of authorization legislation; provision of legal counsel during Congressional consideration of the legislation; preparation and clearance of reports on proposed or pending Federal legislation; provision of drafting and all other legal services with respect to appropriations law and the Department's annual and other appropriation Acts; response to Congressional technical drafting service requests for assistance in drafting HUD-related appropriation and authorizing legislation; and maintenance of a legislative reference service for the Department and members of the public.
Major areas of responsibility for regulations include: drafting and clearing regulations and other policy documents (e.g., NOFAs) necessary to carry out the Department's programs and policies; managing HUD's implementation of rulemaking under 24 CFR Part 10, Section 7(o) of the Department of Housing and Urban Development Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, and Executive Order 12866; preparing the Semiannual Agenda of Regulations, the Annual Regulatory Plan of the Department, and Annual Unfunded Mandates Report; clearing within the Office of General Counsel non-regulatory Departmental issuances; preparing the Department's views on proposed Executive Orders; and advising the program offices and program counsel and offices concerning newly enacted legislation which may give rise to a need for new or amended regulations.
Finally, because its familiarity with Departmental and other authorities is broad and crosses program and agencies lines, the Office is frequently called upon by the General Counsel and the Deputy General Counsels for special projects, and provides advice to the other Associate General Counsels.
The Office is responsible for ensuring that the policies of the Department are translated into action documents of the highest quality, frequently under exceedingly tight time schedules. Since each Divisions' work products become enacted as statutes or promulgated as regulations, or otherwise have the force of law, perfection is always the necessary goal. The work is exacting and relentless: new "priority" regulations and legislative assignments are frequently added. The reduction of FTEs will require the Office to set more stringent priorities for the work of its two Divisions. Since the implementation of the expected demands of the Secretary's initiatives are to a large extent within the responsibilities of the Office, this management task will be very challenging.
Legislation Division
The significant demand for the Legislation Division's services is expected to continue at or above the current level for the foreseeable future as major legislation affecting the central mission of the Department is proposed by the Administration and considered by the Congress. Priority work performed by the Division includes: ensuring that HUD's annual legislative program is completed on time and at the level of quality that is required effectively to present the Department's legislative priorities; preparing reports (requests for comments on pending and proposed legislation from the Congress and the Office of Management and Budget) so that the Department can communicate its views within the Administration and with the Congress on a host of important proposed and pending bills in a timely manner; meeting Congressional requests for technical drafting and other services; and providing ongoing informal and written advice on budget and appropriation law matters for all of HUD.
Regulations Division
The Department has historically carried a docket of over 300 rule assignments, and this has not changed in recent years. The workload of the Regulations Division increased significantly in 1999, has increased further as fiscal year 2000 gets underway, and is expected to increase as major program reforms continue to be implemented through regulation and other Federal Register publications. For fiscal year 2000, the Regulations Division is completing the rulemaking required by the Quality Housing and Work Responsibility Act of 1998, enacted October 21, 1999. This statute constitutes a substantial overhaul of HUD's public housing and Section 8 assistance programs. The statute calls for 21 separate rules (statutorily required rules), 4 notices, which include 2 notices of funding availability, and 3 negotiated rulemaking (and the accompanying notices required by the Negotiated Rulemaking Act). While completing work on this statute, the Regulations Division begun the development and implementation of the rules and NOFAs required by the fiscal year 2000 HUD Appropriations Act. In addition to these statutorily required rules, each program office has an ambitious agenda of administratively created initiatives that must be implemented through rules or other notices.
The Administration has imposed an additional regulatory initiative on all agencies. All Federal Agencies have been directed by the White House to begin converting their regulations and other policy documents to plain language. The Regulations Division is responsible for overseeing the plain language conversion for regulations. The Regulations Division also represents the Department at the staff level Regulatory Working Groups meeting held periodically at OMB. The Regulations Division also was given the lead to develop the Department's consultation policy required under the President's new Executive order on Federalism (E.O. 13132).
- OFFICE OF LITIGATION
The Office of Litigation performs a central coordinating role with respect to all litigation brought against HUD. The Office, working in conjunction with the Department of Justice (DOJ), handles the defense of major, nonroutine lawsuits against the Department involving substantial programmatic issues of nationwide impact, or raising issues of particular importance or sensitivity.
The Office of Litigation has three divisions: Assisted Housing and Civil Rights Litigation; Insured Housing and Community Development Litigation; and FOIA. The Office's two Litigation Divisions divide substantively between them all of the Department's programs and activities. Attorneys in either division may be assigned to handle cases from the other division, in order to accommodate workload fluctuations between the divisions and to optimize efficient allocation of resources. Attorneys in both divisions are responsible for handling, in conjunction with DOJ counterparts, lawsuits in Federal courts throughout the country. Each attorney is responsible for handling all aspects of litigation with respect to his or her individual caseload, which can vary in size, depending on the work demands of the assigned cases.
Cases that are sufficiently important, complex, and/or sensitive must be handled in Headquarters by the Office of Litigation, and not in HUD field offices, because:
The attorneys in both of the Office of Litigation's (Litigation) Divisions are experienced in handling cases requiring familiarity with complexities of constitutional law and the Administrative Procedure Act, including recent evaluations in those fields. Working with DOJ, the Office is able to present legal arguments that are on the very cutting edge of the law. Many cases handled have implications for HUD nationwide.
In addition, the Office performs a central coordinating function with respect to major legal issues in litigation brought against the Department. The Office acts as a convenient and logical conduit to coordinate events that are happening throughout the country. HUD field counsel, by contrast, generally handle cases with implications within their designated geographic area.
Since cases involving issues of nationwide impact almost always challenge decisions made in Headquarters, the decision makers must be consulted throughout the litigation, both for the preparation of HUD's defenses, as well as toward possible settlement. The Office's location in Headquarters affords ongoing access to decision makers in a much more efficient and cost effective way than if the various Field Assistant General Counsel had the lead. The Office spends considerable time and effort coordinating with HUD program officials so that the Department's responses to discovery, and the positions taken in legal briefs accurately reflect HUD practice and policy. Finally, the cases the Office of Litigation handles are normally also assigned by DOJ to Main Justice cases, rather than United States Attorneys' offices, and this Office works with Main Justice on an ongoing basis.
The Assisted Housing and Civil Rights Litigation Division
The Assisted Housing and Civil Rights Litigation involves major cases concerning the operation of HUD's assisted housing programs, both public and private, pursuant to the United States Housing Act of 1937. The staff also handles major cases involving claims of civil rights discrimination and violations of the Fair Housing Act and Title VI of the Civil Rights Act of 1964. In connection with the major civil rights cases which it handles, the Division performs the unique function of combining negotiations of settlements with its defensive role. Since the Department does not control the origination of the cases in defensive litigation, the staff is not able to decline to defend these cases, particularly in the implementation of court orders or settlement agreements. The staff will also perform an oversight function for the implementation of settlements and consent decrees relating to civil rights litigation. The staff prepares work on defensive litigation civil rights issues of national significance and interest.
The Insured Housing and Community Development Litigation Division
The Insured Housing and Community Development Litigation staff handles major cases involving the operation of HUD's insured housing programs pursuant to the National Housing Act, and related statutes. The staff also handles major cases involving community development programs pursuant to the Housing and Community Development Act of 1974, and related statutes, and housing for the homeless programs pursuant to the Stewart B. McKinney Homeless Assistance Act and related statutes. The staff also handles litigation involving other programs not covered by the major categories mentioned. At present, the Division is handling the defense of cases involving the Low-Income Housing Preservation and Resident Home ownership Act of 1990, the discontinuation of the single family mortgage assignment and forbearance program, the Department's sales of HUD-held mortgages, the Department's contracting practices, and the Homeowner's Equity Conversion Mortgage (reverse mortgage) program.
FOIA Division
In order to effectively address the significant backlog of Freedom of Information Act (FOIA) requests existing within the Department, OGC has assumed the responsibility for processing all FOIA requests. This will assure: (1) timely response to FOIA requests, (2) the accuracy of the response in compliance with statutory requirements, and (3) consistency of application of the standards. This Division will be headed by a managing attorney and will handle all internal FOIA requests. In the event of denials of FOIA requests, appeals will be handled by the Procurement and Administrative Law Division under the supervision of the Deputy General Counsel (Housing Finance and Operations).
- OFFICE OF FAIR HOUSING
The Office of Fair Housing performs all legal work in connection with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Age Discrimination Act, the Fair Housing Act, Executive Order 11063 concerning Equal Opportunity in Housing, and Executive Order 11625 concerning Minority Business Enterprises. The Office of Fair Housing analyzes state statutes and reviews field counsels' local ordinances to identify whether the provisions are substantially equivalent to the fair housing act and provide advice to FHEO on state and local recertification issues. The Division drafts legal opinions on Fair Housing Act questions and drafts regulations involving the Fair Housing Act. The Office represents the Department with the National Association of Attorneys General and other Interagency Task Forces; and also conducts fair housing training for field counsel and FHEO staff. The Office of Fair Housing has two division: The Fair Housing Enforcement Division and the Fair Housing Compliance Division.
- The Fair Housing Compliance Division
The Fair Housing Compliance Division prepares legal opinions on civil rights issues of national significance and interest. These opinions require substantial research and expertise in civil rights law and routinely include policy considerations involving the General Counsel and the Assistant Secretary for Fair Housing and Equal Opportunity. The Division provides legal advice on the Fair Housing Initiative Program (FHIP), the Fair Housing Assistance Program (FHAP), and the implementation of Fair Housing regulations. The Division conducts administratively enforcement activities involving discrimination against HUD assisted housing and community development programs. The Division also works with the Assistant Secretaries for Housing, Public and Indian Housing, and Community Planning and Development in developing procedures for assuring that housing and community development activities promote the achievement of the goal of fair housing.
The Division advises and assists the Office of Fair Housing and Equal Opportunity in conducting and evaluating reviews of recipients of HUD funding to determine their compliance with nondiscrimination requirements of applicable civil rights laws, such as Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and Section 109 of the Housing and Community Development Act of 1974. In connection with the Department's exercise of supervisory authority with regard to the Government Sponsored Enterprises, the Division provides advice and guidance on the consistency of underwriting guidelines used by the enterprises with the nondiscrimination requirements in the Fair Housing Act. The Division also works with the Department of Justice and other Federal agencies on special interagency civil rights initiatives, such environment justice, housing and school desegregation and rural housing development.
- The Fair Housing Enforcement Division
The Fair Housing Enforcement Division oversees all fair housing enforcement activities for the Department and plays a critical role with addressing the Secretary's initiatives to increase fair housing enforcement actions and the public awareness of fair housing rights. The Division's attorneys review reasonable cause determinations, draft charges of discrimination, and enforce the charges before the administrative tribunal, including appeals of administrative law judge decisions to the Secretary. The Division works with the Department of Justice on cases where there has been an election to Federal district court and develops recommendations to the Attorney General for appeals to the circuit court, recommendations for appearances as amicus curiae in fair housing cases in Federal district court and comments on recommendations to seek certiorari.
The Division reviews state and local fair housing laws and ordinances and provides the Assistant Secretary for Fair Housing and Equal Opportunity with a legal assessment of the extent to which the laws or ordinances provide rights and remedies for housing discrimination that are substantially equivalent to those provided in the Federal Fair Housing Act. The Division drafts and reviews proposed legislation affecting the Fair Housing Act and its enforcement and develops regulations for implementation and enforcement of the Act.
The Division provides guidance regarding the responsibility of the Secretary and HUD program participants to administer programs and activities relating to housing and urban development in a manner that affirmatively furthers fair housing. The Division also assists in the Department's efforts to provide advise and guidance in support of public and private efforts to comply with the nondiscrimination requirements of the Fair Housing Act such as the development of an analysis of differences between model building codes and Fair Housing Act on features of accessible design and construction, the development of building code language for use in the new International Building Code schedule for publication in 2000 and the HUD review and recommendations for program changes relating to the Boston Housing Authority's response to racial and ethnic harassment conducted as a result of findings of violations of the Fair Housing Act in a HUD investigation.
The primary mission of the field legal staff is the provision of support, advice and counsel to program administrators in the field. As field restructuring is implemented through HUD 2020 Management Reform, field legal services are increasingly being called upon to be a source of stability and a source of authority to provide the necessary assurance program managers seek in their assumption of new responsibilities. In the field, the Assistant General Counsel, Chief Counsel and Chief Attorneys are the chief legal officers of their respective Offices. They receive operational direction, administrative support, and professional advice and direction from the General Counsel and Deputy General Counsel for Housing Finance and Operations.
The table below identifies travel requirements unique to this activity.
The proposed travel budget of $308,000 for the Office of General Counsel for its Headquarters and field staff would be used primarily for travel supporting the Secretary's priorities associated with creating a new HUD, field legal counsel consolidation, litigation activities, fair housing enforcement, program enforcement, and to facilitate interaction between Headquarters and all field legal offices and within the field offices. The increase in travel proposed for the field in 2000 is necessary to cover increased travel expenses of the Assistant General Counsel and field Counsel due in large part to smaller staffs and the resulting requirement to travel to meet shifting workload demands, e.g., multifamily closings, fair housing enforcement's. Funding at the 1999 level is sufficient only to cover travel necessary for litigation. It is not adequate to cover travel associated with anticipated office consolidations, increases in enforcement activities, monitoring visits and field assessments by the Assistant General Counsel, travel for field Counsel meetings, or training related travel. Headquarters and field travel will increase as a result of office consolidations.
Based on HUD's Management Reform Plan, reduction in legal staff, and the establishment of the Enforcement Center, OGC's potential contracting out cost is anticipated not to exceed $450,000 for technical services. Technical services cost include the administration of the FEDLINK contract for Westlaw and Lexis-Nexis legal research services.
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